New+Jersey+v.+T.L.O

Joann Wagner MGED 3030 February 5, 2011 Dr. Goodale  **__New Jersey v. T.L.O. __** New Jersey v. T.L.O. 469 U.S. 325 (1985)  Certiorari to the Supreme Court of New Jersey  <span style="display: block; margin-bottom: 0pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; text-align: center;"><span style="display: block; font-family: 'Times New Roman','serif'; text-align: center;">No. 83-712 <span style="display: block; margin-bottom: 0pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; text-align: center;"><span style="display: block; font-family: 'Times New Roman','serif'; text-align: center;">Argued March 28, 1984  <span style="display: block; margin-bottom: 0pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; text-align: center;"><span style="display: block; font-family: 'Times New Roman','serif'; text-align: center;">Reargued October 2, 1984  <span style="display: block; margin-bottom: 0pt; margin-left: 0in; margin-right: 0in; margin-top: 0in; text-align: center;"><span style="display: block; font-family: 'Times New Roman','serif'; text-align: center;">Decided January 15, 1985 **__<span style="font-family: 'Times New Roman','serif';">Background: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 10pt;">T.L.O., a fourteen year old, having been accused of smoking in the girl’s bathroom, was questioned and searched by the High School Assistant Vice-Principal. The search resulted in the discovery of a bag of marijuana along with other drug paraphernalia, and evidence of dealing drugs to other students, which prompted the imposition of delinquency charges being brought against her. In Juvenile Court, the respondent made a motion to suppress the evidence which was summarily denied. The Court maintained that the search was reasonable, no violation of the respondent’s Fourth Amendment Rights occurred. The respondent was adjudged to be a delinquent and sentenced to one year’s probation. **__<span style="font-family: 'Times New Roman','serif';">Decision and Rational: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 10pt;">The findings were upheld by the Appellate Division of the New Jersey Superior Court minus the adjudication of delinquency. However, the case was remanded to the New Jersey Supreme Court on other grounds. Because the Fourth Amendment protects against unreasonable search and seizure, the lower court decision was subsequently overturned and the Court ordered suppression of the evidence found in the juvenile’s purse. The precise meaning of “reasonable” is unclear and must be established on an individual basis prior to the search to determine if a search is warranted and what legal ramifications would make the search or seizure unconstitutional. **__<span style="font-family: 'Times New Roman','serif';">Impact on Education: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 10pt;">The Fourth Amendment prohibition of unreasonable search and seizure applies to searches made by officials within the school setting. A student, suspected of wrongdoing, may assert their protection under the law and attempt to exercise this defense to avoid being discovered and disciplined. However, school officials can set and publish guidelines which determine the “reasonableness” of searches conducted on school property. Issues which involve the safety of other students would certainly substantiate the action. Searching areas in use by a student, such as lockers are owned by the school and therefore able to be searched without consent. Further, due to public funding, some leeway can be provided to ensure a safe and orderly environment is maintained for all students. **__<span style="font-family: 'Times New Roman','serif';">Applicable Quiz Question: __** <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 10pt;">Is it possible for a student to deny a school official permission to search a locker which has been assigned to them for their personal use? <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">A) Yes, as long as the school official does not know what they are searching for. <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">B) No, lockers are the property of the school and therefore can be searched at any time. <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 0pt 0.5in; text-indent: -0.25in;">C) Yes, but it depends upon the circumstances. <span style="font-family: 'Times New Roman','serif'; margin: 0in 0in 10pt 0.5in; text-indent: -0.25in;">D) Yes, as long as the locker was assigned to them.

<span style="font-family: 'Times New Roman',serif;">Kevin Johns <span style="font-family: 'Times New Roman',serif;">MGED 3030 <span style="font-family: 'Times New Roman',serif;">February 5, 2011 <span style="font-family: 'Times New Roman',serif;">Dr. Goodale <span style="display: block; font-family: 'Times New Roman',serif; text-align: center;"> **__ New Jersey v. T.L.O. __** <span style="display: block; font-family: 'Times New Roman',serif; text-align: center;"> Certiorari to the Supreme Court of New <span style="display: block; font-family: 'Times New Roman',serif; text-align: center;"> Argued March 28, 1984 Reargued October 2, 1984 Decided January 15, 1985 <span style="font-family: 'Times New Roman',serif;">**__ Background: __** <span style="color: black; font-family: 'Times New Roman',serif;">T.L.O, fourteen year old girl of a high school in New Jersey, was accused of smoking in the girl’s bathroom; upon arriving at the scene the principal searched the young lady’s belongings including her purse to find that she had marijuana and other paraphernalia. The young lady then chose to sue the school for unlawful search and seizure. The first court decided that the search was completely lawful and not against the constitution. <span style="font-family: 'Times New Roman',serif;">**__ Decision and Rationale: __** <span style="color: black; font-family: 'Times New Roman',serif;">The findings of the first court were upheld once more in the Appellate division showing that the girl was not violated of her rights and that the principal had “reasonable” cause to search the girl’s purse. By seeing rolling papers, the court decided that the principal had cause to search the young girl’s purse. <span style="font-family: 'Times New Roman',serif;">**__ Impact on Teaching: __** <span style="color: black; font-family: 'Times New Roman',serif;">The fourteenth amendment does protect American citizens from unreasonable search and seizure. However, the court felt that since on a public school, the girl was in violation of the drug free zone, and since the principal had reasonable cause by seeing the rolling papers, then it was not unconstitutional to search further to find if there was more evidence to show that the girl had paraphernalia.

<span style="font-family: 'Times New Roman',serif;"> What amendment was the girl claiming was violated by the search performed by the principal ? <span style="font-family: 'Times New Roman',serif; line-height: 115%;">a.) 15 <span style="font-family: 'Times New Roman',serif; line-height: 115%;">b.)16 <span style="font-family: 'Times New Roman',serif; line-height: 115%;">c.)9 <span style="font-family: 'Times New Roman',serif; line-height: 115%;">e.)14


 * <span style="font-family: 'Times New Roman',serif; line-height: 115%;">Mary Bryson: **

New Jersey v. T.L.O United States Supreme Court Argued March 28, 1984; Decided January 15, 1985

Background: A teacher caught a fourteen-year-old student smoking a cigarette in the restroom at a New Jersey public high school. The student was taken to the Assistant Vice Principal’s office and was questioned about the incident by him and the teacher. After the student denied smoking a cigarette at all, the administrator searched her bag. He found not only cigarettes, but also a pack of cigarette rolling papers. The rolling papers prompted him to delve further into the bag on the suspicion that the student used them to smoke marijuana. He, then, found marijuana and other paraphernalia. Criminal charges were brought upon the student for procession of drugs.

Decision and Rationale: The U.S. Supreme Court filed a writ of certiorari and brought this case up from the Supreme Court of New Jersey, which had ruled the evidence in this case inadmissible due to an unreasonable search. The Supreme Court, however, held that the search was reasonable. Their rationale is as follows: 1. School officials “act as representatives of the State” and must abide by the 4th amendment, which prohibits unreasonable searches of students’ personal items. 2. Students have “legitimate expectations of privacy,” but it exists in setting where school officials must keep schools safe. Therefore, school officials must only have a reasonable suspicion to search students’ property. 3. The search of the fourteen-year-old was reasonable based on the events of that day and did not violate her 4th amendment rights.

Impact on Teaching: If the Jew Jersey Supreme Court decision had held, schools would be a different place today than they are now. Because of this decision, school officials do not need to obtain warrants to search students. If teachers had to obtain a warrant every time they suspected cigarettes were in a student’s purse, my guess is that they would not bother nearly as much. This ruling keeps schools safer and it gives teachers power to enforce the school rules. However, teachers should be mindful that they must have a reason to search a student’s personal items or they are violating that student’s 4th amendment rights.

Quiz Question: School officials need not obtain a __ before searching a student who is under their authority. (warrant)